Digital Commons Network^™

This article considers an overlooked issue of constitutional design. Some federal systems decentralize law-making and administrative power without allowing subnational governments to adopt their own constitutions that structure or limit subnational power. Other federal systems allow subnational units some discretion in structuring and limiting their powers by adopting subnational constitutions. Although scholars and constitution-makers have developed various theories regarding the utilities of decentralizing law-making and administrative powers, they have not separately considered the utilities or normative justifications for decentralizing constitutional choices. This Article takes up that important but neglected question. The goal is to move towards a systematization and critical …